Terms & Conditions Terms & Conditions The following terms and conditions apply to all the services offered by DTM-WP LTD. By ordering services from DTM-WP LTD you are agreeing to the following terms and conditions. Definitions: The Client : The company or individual requesting the services of DTM-WP LTD. DTM-WP LTD: Primary designer/site owner & employees or affiliates. General DTM-WP LTD will carry out work only where an agreement is provided either by email, telephone, mail or fax. DTM-WP LTD will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between DTM-WP LTD and the client, this includes telephone and email agreements. Printed Stationery/ Business Gifts Before any job goes to print, a layout proof is sent to you by email which will need signing off which you can do by stating your approval on the email reply. DTM-WP LTD cannot accept responsibility for any losses incurred due to not thoroughly checking the layout proofs. Samples of paper samples and gift items are available upon request. Website Design Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, DTM-WP LTD cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of DTM-WP LTD until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by DTM-WP LTD remain the copyright of DTM-WP LTD and may only be commercially reproduced or resold with the permission of DTM-WP LTD. DTM-WP LTD cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Any coding additions to website briefs provided will be carried out at the discretion of DTM-WP LTD and may carry an additional cost. Where no charge is made by DTM-WP LTD for such additions, DTM-WP LTD accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The client agrees to make available as soon as is reasonably possible to DTM-WP LTD all materials required to complete the site to the agreed standard and within the set deadline. DTM-WP LTD will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. DTM-WP LTD will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site. DTM-WP LTD will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. DTM-WP LTD will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents. In no event shall DTM-WP LTD be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages. • In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk. • If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result. • We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment. A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required. Database, Application and E-Commerce Development DTM-WP LTD cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. Any scripts, applications or software (unless specifically agreed) written by DTM-WP LTD remain the copyright of DTM-WP LTD and may only be commercially reproduced or resold with the permission of DTM-WP LTD. Where applications or sites are developed on servers not recommended by DTM-WP LTD, the client is expected to provide or seek any information,additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment. The client is expected to test fully any application or programming relating to a site developed by DTM-WP LTD before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, DTM-WP LTD will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief Compatibility DTM-WP LTD will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer and to an acceptable level with Mozilla browsers, such as Firefox. DTM-WP LTD can offer no guarantees of correct function with all browser software as they constantly change. Website Hosting Whilst DTM-WP LTD recommends hosting companies to host websites, and indeed you may choose our own hosting service, no guarantees can be made as to the availability or interruption of this service. DTM-WP LTD cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. It is also important to know to keep your hosting account paid up to date to prevent it from being suspended. DTM-WP LTD reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise. Website Optimisation Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites. We use ‘white hat techniques’ when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any moniesto clients in relation to this type of work. DTM-WP LTD reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial. Payment of Accounts A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out. It is the DTM-WP LTD policy that any outstanding accounts for work carried out by DTM-WP LTD or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with DTM-WP LTD. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due. If accounts are not settled or DTM-WP LTD have not been contacted regarding the delay, access to related websites may be denied and web pages removed. We will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating. Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons. Your Privacy We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters. Complaints Procedure Anyone who experiences a problem with the service provided by DTM-WP LTD should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material and clearly outlining the grounds for complaint. DTM-WP LTD will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant. Formal complaints procedure The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to DTM-WP LTD, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay. If you have any questions regarding our T&C’s, please drop us a line.